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Home My WebLink About97-01029 -- >- 0\ :- C. Ii: ..:~ , L!lt~-; {.-: \If; E:: --, u.. 9~ cr. -. C LL ,- . G:L t I ~ .J _L .l;.l- ,-- , - :J 15 O. u MORGAN & MORGAN, P,C, BY: SCOTI W, MORGAN, ESQUIRE IDENTIFICATION NO, 36721 120 SOUTH STREET HARRISBURG, PA 171Ot-1210 (717) 236.79S9 > f' ATIORNEYS FOR PLAINTIFF Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA, NO, q7 - IOcJ.1 ~ T~ MALISA PENDERGAST 440 Warm Spring Road Chambersburg, PA 17201, v, CIVIL ACTION - LAW JOHN A, CALABRASE 349 South Allison Street Greencastle, PA 17225 and CRESSLER TRUCKING INC, 1775 Baseline Road Aswego, IL 60543, Defendants NOTICE You have been sued in court. I f you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Counly Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, PA 17013 (717) 697-0371 , , A VISO Le han demandado a usted en la corte, Si usted defenderse de eslaS demandas expueslaS en law paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Haec falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona, Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso 0 notificacion, Ademas, la corte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda, Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted, LLEVE ESTA OEMANOA A UN ABOGAOO INMEDlATAMENTE, SI NO TIENE ABOGAOO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECC10N SE ENCUENTRA ESCR1TA ABAJO PARA AVERIGUAR DONDE SE PUEOE CONSEGU1R ASISTENC1A LEGAL. Cumberland Counly Court Administrator Cumberland County Courthouse One Courthouse Square. 4th Floor Carlisle, PA 17013 (717) 697-0371 MORGAN & MORGAN, P.C. BY: SCOIT W, MORGAN, ESQUIRE IDENTIFICATION NO, 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (7t7) 236-7959 AITORNEYS FOR PLAINTIFF MALISA PENDERGAST 440 Warm Spring Road Chambersburg, PA 17201, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA, NO, q7- 10)1 ~ T~ Plaintiff v, CIVIL ACTION - LAW JOHN A, CALABRASE 349 South Allison Slreet Greencastle, PA 17225 and CRESSLER TRUCKING INC, 1775 Baseline Road Aswego, IL 60543, Defendants COMPLAINT Plaintiffs, by and through her attorneys, Morgan & Morgan, P,C" hereby complains against Defendants and avers as follows: I. Plaintiff is an adult individual residing at the above address, 2, Defendant is an adult individual residing at the above address, 3, Defendant, Cressler Trucking Inc. ("CTI"), is a business organization doing business in the Commonwealth of Pennsylvania with a principal place of business at the above address, 4, On or about October 3, 1996, Defendant Calabrase was operating a motor vehicle owned by CTI, specifically, a 1994 Kenworth, r , 5, At all times material hereto, Defendant Calabrase was an agent, servant and/or employee of Defendant CTI, acting within the course and scope of his employment or agency, 6, At approximately 6:20 a,m, on October 3, 1996, Defendant Calabrase had driven his vehicle off an exit ramp, Exit 10 South, of 1-81 and Route 174 in Shippensburg Township, Cumberland County, Pennsylvania, 7. At the same time, Plaillliff was operating her mOlor vehicle north on Route 174 when Defendant pulled his vehicle into her lane of lravel, causing a collision to occur. 8, As a result of the accident, Plaintiff suffered injuries which are more fully described below. COUNT I PLAINTIFF v, DEFENDANT CALABRASE 9, Plaintiff incorporates herein by reference the allegations of paragraphs I through 8 as if fully set forth at length, 10, The aforesaid accident was due to the negligence of Defendant individually, jointly and/or severally, including: A, Traveling at an unsafe speed; B, Failing to keep a proper lookout; C, Failing to warn persons such as Plaintiff of an unreasonable risk of harm; 2 D. Failing to yield the right-of-way; E. Failing to stop at a stop sign; F. Entering Plaintiffs lane of travel without due regard to the rights and safety of Plaintiff; G. Failing to keep his vehicle under proper control; H. Violating state laws and local ordinances relative to the above allegations of negligence. II. As a result of Defendant's negligence, Plaintiff suffered severe and disabling injuries, including but not limited to, injuries to her nerves, bones, muscles, joints and fascia, pain and suffering, mental and emotional distress, which may be continuing. 12. As a further result of her injuries, Plaintiff incurred medical bills for care, treatment and rehabilitation, lost earnings and/or earning capacity, and suffered loss of life's pleasures and diminution of daily activities, which may be continuing. 13. As a further result of Defendant's negligence, Plaintiff suffered damage to and loss of use of her motor vehicle. WHEREFORE, Plaintiff demands judgment against Defendant individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 3 COUNT II PLAINTIFF v. DEFENDANT CRESSLER TRUCKING INC. 14. Plaintiff incorporates herein by reference the allegations of paragraphs I through 13 as if fully set forth at length. 15. At all times material hereto, Defendant acted through its agents, servants and/or employees within the course and scope of their agency or employment. 16. Plaintiffs injuries and damages were caused by the negligence of Defendant, individually, jointly and/or severally, including: A. Allowing Defendant Calabrase, whom it knew or should have known was incapable and incompetent in operating a vehicle, to operate said vehicle; B. Failing to have in place proper policies and procedures to prevent incompetent or incapable drivers such as Defendant Calabrase from operating their motor vehicle; C. Failing to implement policies and procedures that would have prevented incompetent or incapable drivers such as Defendant Calabrase from operating their motor vehicles. 17. Defendant Calabrase was the agent, servant and/or employee of Defendant, and Defendant CTI is therefore vicariously liable for Defendant's Calabrase's negligence, aforesaid. 4 '\ (\:J ~ ~ 0 " ~ 1;;) t ~~ , ~~ \ >- CJI ~~ "-, .,:j . ,. oo l.~ e. , - , , ~ ~" - ~ " " . C ..;: .-j . ~j', .. ~l.t) ~ (,)~ ~ ~ (:' " . ~ 11" L , ~~ It \ . r L.. I'. r- ; U 0' )